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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No.: EB-10-TP-0077
)
Fritzner Lindor NAL/Acct. No.: 201132700007
)
Orange Park, Florida FRN No.: 0020856266
)
)
FORFEITURE ORDER
Adopted: September 20, 2011 Released: September 20, 2011
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of three hundred dollars ($300) to Fritzner Lindor ("Mr.
Lindor") for willful and repeated violation of section 301 of the
Communications Act of 1934, as amended ("Act"). The noted violations
involved Mr. Lindor's operation of an unlicensed radio station on the
frequency 94.7 MHz in Orange Park, Florida.
II. BACKGROUND
2. On May 16, 2011, the Enforcement Bureau's Tampa Office ("Tampa
Office") issued a Notice of Apparent Liability for Forfeiture ("NAL")
to Mr. Lindor for operating an unlicensed radio station. In view of
the record evidence discussed in detail in the NAL, including the fact
that Mr. Lindor admitted that he knew his action violated the Act, the
NAL proposed a forfeiture of $15,000 against Mr. Lindor for violation
of section 301 of the Act. Mr. Lindor submitted a response to the NAL
acknowledging that he committed the violation, but denying that he
"used the radio knowing that it was illegal." Mr. Lindor also requests
cancellation or reduction of the proposed forfeiture because he
asserts that he cannot afford the proposed forfeiture.
III. DISCUSSION
3. The proposed forfeiture amount in this case was assessed in accordance
with section 503(b) of the Act, section 1.80 of the Commission's
rules, and the Forfeiture Policy Statement. In examining Mr. Lindor's
response, section 503(b) of the Act requires that the Commission take
into account the nature, circumstances, extent, and gravity of the
violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and other
such matters as justice may require. As discussed below, we have
considered Mr. Lindor's response in light of these statutory factors
and find that reduction of the forfeiture is warranted based solely on
his documented inability to pay.
4. As set forth in the NAL, agents from the Tampa Office determined that
Mr. Lindor operated an unlicensed radio station on the frequency 94.7
MHz on June 8, 9, and 10, 2010. In his response to the NAL, Mr. Lindor
admits to operating an unlicensed radio station, but asserts he did
not know his actions were illegal. Such knowledge, however, is
unnecessary for a violation to be willful. As the Commission has long
held, "willful" is defined as the "conscious and deliberate commission
or omission of [any] act, irrespective of any intent to violate" the
law. Thus, we find that Mr. Lindor willfully and repeatedly violated
section 301 of the Act by operating an unlicensed radio transmitter.
We also find Mr. Lindor's statement that he did not know his actions
to be illegal to be unreliable, given his statements to the contrary
made to agents during the inspection on June 10, 2010.
5. Finally, Mr. Lindor asserts that payment of the forfeiture would pose
a financial hardship. With regard to an individual's or entity's
inability to pay claim, the Commission has determined that, in
general, gross revenues are the best indicator of an ability to pay a
forfeiture. Having reviewed Mr. Lindor's submitted documentation, we
conclude that the forfeiture should be reduced to $300, an amount
within the range determined by the Bureau to be affordable.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Fritzner
Lindor IS LIABLE FOR A MONETARY FORFEITURE in the amount of three
hundred dollars ($300) for violations of section 301 of the Act.
7. Payment of the forfeiture shall be made in the manner provided for in
section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for enforcement pursuant
to section 504(a) of the Act. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Account
Number and FRN referenced above. Payment by check or money order may
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101. Payment by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance
Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and
enter the letters "FORF" in block number 24A (payment type code).
Requests for full payment under an installment plan should be sent
to: Chief Financial Officer -- Financial Operations, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
Fritzner Lindor shall also send electronic notification to
SCR-Response@fcc.gov on the date said payment is made.
8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to Fritzner
Lindor at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
Fritzner Lindor, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
6779 (Enf. Bur. 2011). A comprehensive recitation of the facts and history
of this case can be found in the NAL and is incorporated herein by
reference.
47 U.S.C. S: 301.
Letter from Fritzner Lindor to the Tampa Office dated June 4, 2011 ("NAL
Response").
Id.
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
Policy Statement").
47 U.S.C. S: 503(b)(2)(E).
NAL Response at 1.
47 U.S.C. S: 312(f)(1).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under section 503(b) of
the Act, provides that "[t]he term `repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."
During the inspection on June 10, 2010, Mr. Lindor stated to FCC agents
that he had about 19 years of experience in the broadcasting industry and
knew his actions violated the Act. See NAL at 6779.
See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
2088, 2089 (1992) (forfeiture not deemed excessive where it represented
approximately 2.02 percent of the violator's gross revenues); Local Long
Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
deemed excessive where it represented approximately 7.9 percent of the
violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
See NAL at 6779.
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
1.80(f)(4).
47 U.S.C. S: 504(a).
Federal Communications Commission DA 11-1577
3
Federal Communications Commission DA 11-1577